Grounds for Divorce
In Texas, divorce is governed by state laws, specifically the Texas Family Code. To file for divorce in Texas, you must have grounds or a basis for the divorce. Texas recognizes both fault-based and no-fault grounds for divorce. Here are the different bases for divorce in Texas:
1. Insupportability (No-fault Divorce): The most common ground for divorce in Texas is insupportability, which means that the marriage has become insupportable due to conflict or discord that cannot be resolved. It essentially indicates that there are irreconcilable differences between the spouses, making it impossible to continue the marriage.
2. Cruelty: If one spouse has treated the other cruelly, resulting in a reasonable apprehension of bodily harm or mental distress, the aggrieved spouse can file for divorce based on cruelty.
3. Adultery: If a spouse has committed adultery, the other spouse may file for divorce based on this ground. However, it's important to note that adultery must be proven with sufficient evidence.
4. Conviction of a Felony: If one spouse has been convicted of a felony and has been imprisoned for at least one year, the other spouse can seek a divorce on this basis.
5. Abandonment: If a spouse has left the other without a reasonable explanation and with the intent of abandonment, for at least one year, the abandoned spouse may file for divorce based on abandonment.
6. Living Apart: If the spouses have lived apart without cohabitation for at least three years, divorce can be sought on this ground.
It's worth mentioning that fault-based grounds might have implications on property division, spousal support, and child custody determinations. No-fault divorce, such as insupportability, is generally simpler and does not require proving fault.
It's important to consult with a qualified family law attorney in Texas who can provide you with specific guidance based on your circumstances and help you understand the divorce process. Laws can vary, so seeking professional advice is crucial.